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World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr. 2010 Duquesne University School of Law

World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.

Richmond Journal of Global Law & Business

Do you remember how you felt on Wednesday, January 7, 2009? Perhaps you do not. I know how some Europeans felt — cold. That was the day that Russia stopped all natural gas exports to Ukraine. By itself, this was a serious course of action. However, because Ukraine is the main transmission corridor for natural gas pipelines shipping gas to Europe, the situation commanded worldwide attention.


Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr. 2010 Villanova University Charles Widger School of Law

Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn 2010 Pace Law School

Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

Green infrastructure is an economically and environmentally viable approach for water management and natural resource protection in urban areas. This Article argues that green infrastructure has additional and exceptional benefits for the urban poor which are not frequently highlighted or discussed. When green infrastructure is concentrated in distressed neighborhoods—where it frequently is not—it can improve urban water quality, reduce urban air pollution, improve public health, enhance urban aesthetics and safety, generate green collar jobs, and facilitate urban food security. To make these quality of life and health benefits available to the urban poor, it is essential that urban leaders remove …


Public Trust Limits On Greenhouse Gas Trading Schemes: A Sustainable Middle Ground?, Karl S. Coplan 2010 Elisabeth Haub School of Law at Pace University

Public Trust Limits On Greenhouse Gas Trading Schemes: A Sustainable Middle Ground?, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

There is a some consensus among economists, environmentalists, and politicians that some form of “cap and trade’ program is the appropriate regulatory mechanism to achieve the greenhouse gas emissions reductions necessary to avoid disastrous global climate disruptions. “Cap and trade” programs necessarily incorporate tradable emissions rights – essentially tradable rights to pollute. As such, they run into principled objection by some environmentalists who oppose the notion of creating economic rights in the global commons – essentially the “right to pollute.” This principled objection derives doctrinal support from the public trust doctrine – the ancient notion rooted in common law and …


Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens 2010 University of Idaho College of Law

Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens

Articles

No abstract provided.


Governance, Technology, And The Search For Modernity In Kenya, Warigia M. Bowman 2010 University of Tulsa College of Law

Governance, Technology, And The Search For Modernity In Kenya, Warigia M. Bowman

Articles, Chapters in Books and Other Contributions to Scholarly Works

An ICT policy that produces broad access quickly is better than one that does not. Accordingly, success in ICT policymaking can be measured by three empirical measures: speed of passage, scope of implementation, and distribution, as well as one normative measure, process. "Process" represents an important normative dimension of ICT policymaking. Process measures the extent to which the ICT policymaking involves the citizenry, as represented by individuals, civil society groups, local private sector groups, and ideally, urban and rural residents ("wananchi "). Kenya is a case of slow speed of passage, low scope of implementation, low distribution, but high process. …


The Energy Independence And Security Act Of 2007: Can Biotechnology Help Overcome Potential Obstacles To Meeting Its Energy Goals?, Blair H. Moses 2010 University of Kentucky

The Energy Independence And Security Act Of 2007: Can Biotechnology Help Overcome Potential Obstacles To Meeting Its Energy Goals?, Blair H. Moses

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Finding The Balance: Harmonizing Renewable Energy With Wildlife Conservation, Tina R. Goel 2010 American University Washington College of Law

Finding The Balance: Harmonizing Renewable Energy With Wildlife Conservation, Tina R. Goel

Sustainable Development Law & Policy

No abstract provided.


Renewable Energy And The Neighbors, Troy A. Rule 2010 University of Missouri School of Law

Renewable Energy And The Neighbors, Troy A. Rule

Faculty Publications

Small wind turbines and rooftop solar panels are a highly attractive energy option, capable of generating clean, renewable power without the need for transmission lines across vast stretches of rural land. State and federal incentive programs have made these devices increasingly affordable for landowners in recent years, generating an unprecedented level of interest in “distributed” renewable energy.Unfortunately, small wind turbines and solar panels are often far less attractive in the eyes of neighbors, who fear that the systems will erode neighborhood aesthetics and property values. Despite aggressive state and federal programs aimed at promoting renewable energy systems, land use controls …


Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule 2010 University of Missouri School of Law

Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule

Faculty Publications

Unprecedented growth in rooftop solar energy development is drawing increased attention to the issue of solar access. To operate effectively, solar panels require un-shaded access to the sun’s rays during peak sunlight hours. Some landowners are reluctant to invest in rooftop solar panels because they fear that a neighbor will erect a structure or grow a tree on nearby property that shades their panels. Existing statutory approaches to protecting solar access for such landowners vary widely across jurisdictions, and some approaches ignore the airspace rights of neighbors. Which rule regime for solar access protection best promotes the efficient allocation of …


Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock 2010 University of New Mexico

Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock

Natural Resources Journal

No abstract provided.


Keep Hope Alive: Updating The Prudent Investment Standard For Allocating Nuclear Plant Cancellation Costs, Jonathan Kahn 2010 Mitchell Hamline School of Law

Keep Hope Alive: Updating The Prudent Investment Standard For Allocating Nuclear Plant Cancellation Costs, Jonathan Kahn

Faculty Scholarship

As the United States is poised to enter a new era of nuclear power plant construction, it behooves us to revisit some of the controversies of the past and consider how best to deal with some of the major problems that arose once before and may confront us once again as we go down this path. A flurry of costly, protected, and complex disputes concerning the allocation of plant cancellation cost followed upon the collapse of the first boom in nuclear power plant construction during the 1970s and 1980s. These cases led to highly divergent results depending of the jurisdiction …


Can Urban Solar Become A "Disruptive" Technology?: The Case For Solar Utilities, Joel B. Eisen 2010 University of Richmond

Can Urban Solar Become A "Disruptive" Technology?: The Case For Solar Utilities, Joel B. Eisen

Law Faculty Publications

After examining the theory of disruptiveness and the inadequacy of current initiatives for renewables, I argue for a disruptive solution to solar. Achieving the kind of deployment that would be required to make a serious down payment on our climate obligations will take something far different than we have seen to date: companies devoted to national (or at least regional), large-scale installations of solar technology, and which are deeply capitalized and willing to take risks to bring solar to many homeowners. I will term these "solar utilities,'' and I propose that one or more of them should take over the …


Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall 2010 Florida A & M University College of Law

Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall

Journal Publications

Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation's water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and water …


China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson 2010 Pace Law School

China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


City Of New York V. Verizon New York, Inc., Michael T. Leigh 2010 New York Law School Class of 2010

City Of New York V. Verizon New York, Inc., Michael T. Leigh

NYLS Law Review

No abstract provided.


The Gulf Spill Context: Peak Oil, Risky Oil, And Energy Strategy, Edward A. Parson 2010 University of Michigan Law School

The Gulf Spill Context: Peak Oil, Risky Oil, And Energy Strategy, Edward A. Parson

Articles

As shocking as the situation in the Gulf of Mexico may be, in this broader context it must be regarded as a normal event. That’s not to say that it’s normal in relation to past experience. Rather, the Gulf spill is “the new normal,” in the sense that our current energy strategy—or lack thereof—will make such events increasingly likely, even if we assume conditions of effective regulation and responsible compliance that evidently were not present on the Deepwater Horizon.


Solar Rights For Texas Property Owners, Sara C. Bronin 2010 Cornell University

Solar Rights For Texas Property Owners, Sara C. Bronin

Cornell Law Faculty Publications

In response to Jamie France's note, A Proposed Solar Access Law for the State of Texas, Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids. Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. …


Curbing Energy Sprawl With Microgrids, Sara Bronin 2010 University of Connecticut School of Law

Curbing Energy Sprawl With Microgrids, Sara Bronin

Faculty Articles and Papers

Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …


Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall 2010 University of Colorado Law School

Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall

University of Colorado Law Review

Renewable energy credits ("RECs")--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow individuals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold voluntarily or applied to state-imposed renewable energy purchase obligations. These state mandates, known as renewable portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the existing regulatory scheme (or lack …


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